§ 649. Office of International Trade

Footnotes

1. 1 So in original. Probably should be a reference to subsection (j).

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1980

   Pub. L. 85–536 § 2(s22) · 72 Stat. 384

   Enacted · 15 U.S.C. § 649

   Pub. L. 85–536, § 2[22], as added Pub. L. 96–481, title I, § 113(a), Oct. 21, 1980, 94 Stat. 2323

   Source evidence

   Code source credit
   Pub. L. 85–536, § 2[22], as added Pub. L. 96–481, title I, § 113(a), Oct. 21, 1980, 94 Stat. 2323

   Enacted provision · exact public law section
   Sec. 2. The Small Business Act is amended to read as follows: “Sec. 1. This Act may be cited as the ‘Small Business Act’. “Sec. 2. (a) The essence of the American economic system of private enterprise is free competition. Only through full and free competition can free markets, free entry into business, and opportunities for the expression and growth of personal initiative and individual judgment be assured. The preservation and expansion of such competition is basic not only to the economic well-being but to the security of this Nation. Such security and well-being cannot be realized unless the actual and potential capacity of small business is encouraged and developed. It is the declared policy of the Congress that the Government should aid, counsel, assist, and protect, insofar as is possible, the interests of small-business concerns in order to preserve free competitive enterprise, to insure that a fair proportion of the total purchases and contracts for property and services for the Government (including but not limited to contracts for maintenance, repair, and construction) be placed with small-business enterprises, to insure that a fair proportion of the total sales of Government property be made to such enterprises, and to maintain and strengthen the over-all economy of the Nation. “(b) Further, it is the declared policy of the Congress that the Government should aid and assist victims of floods and other catastrophes. “Sec. 3. For the purposes of this Act, a small-business concern shall be deemed to be one which is independently owned and operated and which is not dominant in its field of operation. In addition to the foregoing criteria the Administrator, in making a detailed definition, may use these criteria, among others: Number of employees and dollar volume of business. Where the number of employees is used as one of the criteria in making such definition for any of the purposes of this Act, the maximum number of employees which a small-business concern may have under the definition shall vary from industry to industry to the extent necessary to reflect differing characteristics of such industries and to take proper account of other relevant factors. “Sec. 4. (a) In order to carry out the policies of this Act there is hereby created an agency under the name ‘Small Business Administration’ (herein referred to as the Administration), which Administration snail be under the general direction and supervision of the President and shall not be affiliated with or be within any other agency or department of the Federal Government. The principal office of the Administration shall be located in the District of Columbia. The Administration may establish such branch and regional offices in other places in the United States as may be determined by the Administrator “United States”. of the Administration. As used in this Act, the term ‘United States’ includes the several States, the Territories and possessions of the United States, the Commonwealth of Puerto Rico, and the District of Columbia. “(b) The management of the Administration shall be vested in an Administrator who shall be appointed from civilian life by the President, by and with the advice and consent of the Senate, and who shall be a person of outstanding qualifications known to be familiar and sympathetic with small-business needs and problems. The Administrator shall not engage in any other business, vocation, or employment than that of serving as Administrator. The Administrator is authorized to appoint three Deputy Administrators to assist in the execution of the functions vested in the Administration. “(c) The Administration is authorized to obtain money from the Appropriations. Revolving fund. Treasury of the United States for use in the performance of the powers and duties granted to or imposed upon it by law, not to exceed a total of $650,000,000 outstanding at any one time. For this purpose appropriations not to exceed $650,000,000 are hereby authorized to be made to a revolving fund in the Treasury. Advances shall be made to the Administration from the revolving fund when requested by the Administration. This revolving fund shall be used for the purposes enumerated subsequently in sections 7 (a),7 (b),and8 (a). Not to exceed an aggregate of $500,000,000 shall be outstanding at any one time for the purposes enumerated in section 7 (a). Not to exceed an aggregate of $125,000,000 shall be outstanding at any one time for the purposes enumerated in section 7 (b). Not to exceed an aggregate of $25,000,000 shall be outstanding at any one time for the purposes enumerated in section 8 (a). The Administration shall pay into miscellaneous receipts of the Treasury, at the close of each fiscal year, interest on the net amount of the cash disbursements from such advances at a rate determined by the Secretary of the Treasury, taking into consideration the current average rate on outstanding interest-bearing marketable public debt obligations of the United States of comparable maturities. “(d) There is hereby created the Loan Policy Board of the Small Loan Policy Board. Business Administration, which shall consist of the following members, all ex officio: The Administrator, as Chairman, the Secretary of the Treasury, and the Secretary of Commerce. Either of the said Secretaries may designate an officer of his Department, who has been appointed by the President by and with the advice and consent of the Senate, to act in his stead as a member of the Loan Policy Board with respect to any matter or matters. The Loan Policy Board shall establish general policies (particularly with reference to the public interest involved in the granting and denial of applications for financial assistance by the Administration and with reference to the coordination of the functions of the Administration with other activities and policies of the Government), which shall govern the granting and denial of applications for financial assistance by the Administration. “Sec. 5. (a) The Administration shall have power to adopt, alter, Seal, employees, etc. and use a seal, which shall be judicially noticed. The Administrator is authorized, subject to the civil-service and classification laws, to select, employ, appoint, and fix the compensation of such officers, employees, attorneys, and agents as shall be necessary to carry out the provisions of this Act; to define their authority and duties; to provide bonds for them in such amounts as the Administrator shall determine; and to pay the costs of qualification of certain of them as notaries public. The Administration, with the consent of any board, commission, independent establishment, or executive department of the Government, may avail itself on a reimbursable or nonreimbursable basis of the use of information, services, facilities (including any field service thereof), officers, and employees thereof, in carrying out the provisions of this Act. Subject to the standards and procedures under section 505 of the Classification Act of 1949, as amended, not 69 Stat. 179; Ante, p. 213. 5 USC 1105. Supergrade positions. to exceed fifteen positions in the Administration may be placed in grades 16,17, and 18 of the General Schedule established by that Act, and any such positions shall be additional to the number authorized by such section. “(b) In the performance of, and with respect to, the functions, powers, and duties vested in him by this Act the Administrator may— “(1) sue and be sued in any court of record of a State having general jurisdiction, or in any United States district court, and jurisdiction is conferred upon such district court to determine such controversies without regard to the amount in controversy; but no attachment, injunction, garnishment, or other similar process, mesne or final, shall be issued against the Administrator or his property; “(2) under regulations prescribed by him, assign or sell at public or private sale, or otherwise dispose of for cash or credit, in his discretion and upon such terms and conditions and for such consideration as the Administrator shall determine to be reasonable, any evidence of debt, contract, claim, personal property, or security assigned to or held by him in connection with the payment of loans granted under this Act, and to collect or compromise all obligations assigned to or held by him and all legal or equitable rights accruing to him in connection with the payment of such loans until such time as such obligations may be referred to the Attorney General for suit or collection; “(3) deal with, complete, renovate, improve, modernize, insure, or rent, or sell for cash or credit upon such terms and conditions and for such consideration as the Administrator shall determine to be reasonable, any real property conveyed to or otherwise acquired by him in connection with the payment of loans granted under this Act; “(4) pursue to final collection, by way of compromise or otherwise, all claims against third parties assigned to the Administrator in connection with loans made by him. This shall include authority to obtain deficiency judgments or otherwise in the case of mortgages assigned to the Administrator. Section 3709 of the Revised Statutes, as amended (41 U. S. C., sec. 5), shall not be construed to apply to any contract of hazard insurance or to any purchase or contract for services or supplies on account of property obtained by the Administrator as a result of loans made under this Act if the premium therefor or the amount thereof does not exceed $1,000. The power to convey and to execute in the name of the Administrator deeds of conveyance, deeds of release, assignments and satisfactions of mortgages, and any other written instrument relating to real property or any interest therein acquired by the Administrator pursuant to the provisions of this Act may be exercised by the Administrator or by any officer or agent appointed by him without the execution of any express delegation of power or power of attorney. Nothing in this section shall be construed to prevent the Administrator from delegating such power by order or by power of attorney, in his discretion, to any officer or agent he may appoint; “(5) acquire, in any lawful manner, any property (real, personal, or mixed, tangible or intangible), whenever deemed necessary or appropriate to the conduct of the activities authorized in sections 7 (a) and 7 (b); “(6) make such rules and regulations as he deems necessary to carry out the authority vested in him by or pursuant to this Act; “(7) in addition to any powers, functions, privileges, and immunities otherwise vested in him, take any and all actions, including the procurement of the services of attorneys by contract, determined by him to be necessary or desirable in making, servicing, compromising, modifying, liquidating, or otherwise dealing with or realizing on loans made under the provisions of this Act; but no attorneys’ services shall be procured by contract in any office where an attorney or attorneys are or can be economically employed full time to render such services; “(8) pay the transportation expenses and per diem in lieu of Disaster service. Expenses. 63 Stat. 166. 5 USC 835 note. subsistence expenses, m accordance with the Travel Expense Act of 1949, for travel of any person employed by the Administration to render temporary services not in excess of six months in connection with any disaster referred to in section 7 (b) from place of appointment to, and while at, the disaster area and any other temporary posts of duty and return upon completion of the assignment; and “(9) accept the services and facilities of Federal, State, and local agencies and groups, both public and private, and utilize such gratuitous services and facilities as may, from time to time, be necessary, to further the objectives of section 7 (b). “(c) To such extent as he finds necessary to carry out the provisions Temporary experts or consultants. of this Act, the Administrator is authorized to procure the temporary (not in excess of one year) or intermittent services of experts or consultants or organizations thereof, including stenographic reporting services, by contract or appointment, and in such cases such services shall be without regard to the civil-service and classification laws and, except in the case of stenographic reporting services by organizations, without regard to section 3709 of the Revised Statutes, as amended (41 U. S. C., sec. 5). Any individual so employed may be compensated at a rate not in excess of $50 per diem, and, while such individual is away from his home or regular place of business, he may be allowed transportation and not to exceed $15 per diem in lieu of subsistence and other expenses. “Sec. 6. (a) All moneys of the Administration not otherwise employed Fiscal provisions. may be deposited with the Treasury of the United States subject to check by authority of the Administration. The Federal Reserve banks are authorized and directed to act as depositaries, custodians, and fiscal agents for the Administration in the general performance of its powers conferred by this Act. Any banks insured by the Federal Deposit Insurance Corporation, when designated by the Secretary of the Treasury, shall act as custodians and financial agents for the Administration. Each Federal Reserve bank, when designated by the Administrator as fiscal agent for the Administration, shall be entitled to be reimbursed for all expenses incurred as such fiscal agent. “(b) The Administrator shall contribute to the employees’ compensation Employees’ compensation fund. fund, on the basis of annual billings as determined by the Secretary of Labor, for the benefit payments made from such fund on account of employees engaged in carrying out functions financed by the revolving fund established by section 4 (c) of this Act. The annual billings shall also include a statement of the fair portion of the cost of the administration of such fund, which shall be paid by the Administrator into the Treasury as miscellaneous receipts. “Sec. 7. (a) The Administration is empowered to make loans to Loans. enable small-business concerns to finance plant construction, conversion, or expansion, including the acquisition of land; or to finance the acquisition of equipment, facilities, machinery, supplies, or materials; or to supply such concerns with working capital to be used in the manufacture of articles, equipment, supplies, or materials for war, defense, or civilian production or as may be necessary to insure a well-balanced national economy; and such loans may be made or effected either directly or in cooperation with banks or other lending institutions through agreements to participate on an immediate or Restrictions and limitations. deferred basis. The foregoing powers shall be subject, however, to the following restrictions and limitations: “(1) No financial assistance shall be extended pursuant to this subsection unless the financial assistance applied for is not otherwise available on reasonable terms. “(2) No immediate participation may be purchased unless it is shown that a deferred participation is not available; and no loan may be made unless it is shown that a participation is not available. “(3) In agreements to participate in loans on a deferred basis under this subsection, such participation by the Administration shall not be in excess of 90 per centum of the balance of the loan outstanding at the time of disbursement. “(4) Except as provided in paragraph (5), (A) no loan under this subsection shall be made if the total amount outstanding and committed (by participation or otherwise) to the borrower from the revolving fund established by this Act would exceed $350,000; (B) the rate of interest for the Administration’s share of any such loan shall be no more than 5½ per centum per annum; and (C) no such loan, including renewals or extensions thereof, may be made for a period or periods exceeding ten years except that a loan made for the purpose of constructing facilities may have a maturity of ten years plus such additional period as is estimated may be required to complete such construction. “(5) In the case of any loan made under this subsection to a corporation formed and capitalized by a group of small-business concerns with resources provided by them for the purpose of obtaining for the use of such concerns raw materials, equipment, inventories, supplies or the benefits of research and development, or for establishing facilities for such purpose, (A) the limitation of $350,000 prescribed in paragraph (4) shall not apply, but the limit of such loan shall be $250,000 multiplied by the number of separate small businesses which formed and capitalized such corporation; (B) the rate of interest for the Administration’s share of such loan shall be no less than 3 nor more than 5 per centum per annum; and (C) such loan, including renewals and extensions thereof, may not be made for a period or periods exceeding ten years except that if such loan is made for the purpose of constructing facilities it may have a maturity of twenty years plus such additional time as is required to complete such construction. “(6) The Administrator is authorized to consult with representatives of small-business concerns with a view to encouraging the formation by such concerns of the corporation referred to in paragraph (5). No act or omission to act, if requested by the Administrator pursuant to this paragraph, and if found and approved by the Administration as contributing to the needs of small business, shall be construed to be within the prohibitions of 38 Stat. 717. 15 USC 58. the antitrust laws or the Federal Trade Commission Act of the United States. A copy of the statement of any such finding and approval intended to be within the coverage of this section, and any modification or withdrawal thereof, shall be furnished to the Attorney General and the Chairman of the Federal Trade Commission Publication in F.R. when made, and it shall be published in the Federal Register. The authority granted in this paragraph shall be exercised only (A) by the Administrator, (B) upon the condition that the Administrator consult with the Attorney General and with the Chairman of the Federal Trade Commission, and (C) upon the condition that the Administrator obtain the approval of the Attorney General before exercising such authority. Upon withdrawal of any request or finding hereunder or upon withdrawal by the Attorney General of his approval granted under the preceding sentence, the provisions of this paragraph shall not apply to any subsequent act or omission to act by reason of such finding or request. “(7) All loans made under this subsection shall be of such sound value or so secured as reasonably to assure repayment. “(b) The Administration also is empowered— Disaster Loans “(1) to make such loans (either directly or in cooperation with banks or other lending institutions through agreements to participate on an immediate or deferred basis) as the Administration may determine to be necessary or appropriate because of floods or other catastrophes; and “(2) to make such loans (either directly or in cooperation with banks or other lending institutions through agreements to participate on an immediate or deferred basis) as the Administration may determine to be necessary or appropriate to any small-business concern located in an area affected by a drought or excessive rainfall, if the Administration determines that the small-business concern has suffered a substantial economic injury as a result of such drought or excessive rainfall and the President has determined under the Act entitled ‘An Act to authorize Federal assistance to States and local governments in major disasters, and for other purposes’, approved September 30, 1950, as amended (42 U. S. C., secs. 1855–1855g), that such drought or 64 Stat. 1109–1111. excessive rainfall is a major disaster, or the Secretary of Agriculture has found under the Act entitled ‘An Act to abolish the Regional Agricultural Credit Corporation of Washington, District of Columbia, and transfer its functions to the Secretary of Agriculture, to authorize the Secretary of Agriculture to make disaster loans, and for other purposes’, approved April 6, 1949, as amended (12 U. S. C., secs. 1148a–1–1148a–3), that such 63 Stat. 43, 44. drought or excessive rainfall constitutes a production or economic disaster in such area. No loan under this subsection, including renewals and extensions Limitation. thereof, may be made for a period or periods exceeding twenty years. The interest rate on the Administration’s share of any loan made Interest. under this subsection shall not exceed 3 per centum per annum. In agreements to participate in loans on a deferred basis under this subsection, such participation by the Administration shall not be in excess of 90 per centum of the balance of the loan outstanding at the time of disbursement. “(c) The Administration may further extend the maturity of or RFC Loans. Extension. renew any loan made pursuant to this section, or any loan transferred to the Administration pursuant to Reorganization Plan Numbered 2 of 1954, or Reorganization Plan Numbered 1 of 1957, for additional 68 Stat. 1280; 71 Stat. 647. periods not to exceed ten years beyond the period stated therein, if such extension or renewal will aid in the orderly liquidation of such loan. “Sec. 8. (a) It shall be the duty of the Administration and it is Procurement contracts. hereby empowered, whenever it determines such action is necessary— “(1) to enter into contracts with the United States Government and any department, agency, or officer thereof having procurement powers obligating the Administration to furnish articles, equipment, supplies, or materials to the Government. In any case m which the Administration certifies to any officer of the Government having procurement powers that the Administration is competent to perform any specific Government procurement contract to be let by any such officer, such officer shall be authorized in his discretion to let such procurement contract to the Adminis-tration upon such terms and conditions as may be agreed upon between the Administration and the procurement officer; and “(2) to arrange for the performance of such contracts by negotiating or otherwise letting subcontracts to small-business concerns or others for the manufacture, supply, or assembly of such articles, equipment, supplies, or materials, or parts thereof, or servicing or processing in connection therewith, or such management services as may be necessary to enable the Administration to perform such contracts. “(b) It shall also be the duty of the Administration and it is hereby empowered, whenever it determines such action is necessary— “(1) to provide technical and managerial aids to small-business concerns, by advising and counseling on matters in connection with Government procurement and property disposal and on policies, principles, and practices of good management, including but not limited to cost accounting, methods of financing, business insurance, accident control, wage incentives, and methods engineering, by cooperating and advising with voluntary business, professional, educational, and other nonprofit organizations, associations, and institutions and with other Federal and State agencies, by maintaining a clearinghouse for information concerning the managing, financing, and operation of small-business enterprises, by disseminating such information, and by such other activities as are deemed appropriate by the Administration; “(2) to make a complete inventory of all productive facilities of small-business concerns or to arrange for such inventory to be made by any other governmental agency which has the facilities. In making any such inventory, the appropriate agencies in the several States may be requested to furnish an inventory of the productive facilities of small-business concerns in each respective State if such an inventory is available or in prospect; “(3) to coordinate and to ascertain the means by which the productive capacity of small-business concerns can be most effectively utilized; “(4) to consult and cooperate with officers of the Government having procurement or property disposal powers, in order to utilize the potential productive capacity of plants operated by small-business concerns; “(5) to obtain information as to methods and practices which Government prime contractors utilize in letting subcontracts and to take action to encourage the letting of subcontracts by prime contractors to small-business concerns at prices and on conditions and terms which are fair and equitable; “(6) to determine within any industry the concerns, firms, persons, corporations, partnerships, cooperatives, or other business enterprises which are to be designated ‘small-business concerns’ for the purpose of effectuating the provisions of this Act. To carry out this purpose the Administrator, when requested to do so, shall issue in response to each such request an appropriate certificate certifying an individual concern as a ‘small-business concern’ in accordance with the criteria expressed in this Act. Any such certificate shall be subject to revocation when the concern covered thereby ceases to be. a ‘small-business concern’. Offices of the Government having procurement or lending powers, or engaging in the disposal of Federal property or allocating materials or supplies, or promulgating regulations affecting the distribution of materials or supplies, shall accept as conclusive the Administration’s determination as to which enterprises are to be designated ‘small-business concerns’, as authorized and directed under this paragraph; “(7) to certify to Government procurement officers, and officers Certification engaged in the sale and disposal of Federal property, with respect to the competency, as to capacity and credit, of any small-business concern or group of such concerns to perform a specific Government contract. In any case in which a small-business concern or group of such concerns has been certified by or under the authority of the Administration to be a competent Government contractor with respect to capacity and credit as to a specific Government contract, the officers of the Government having procurement or property disposal powers are directed to accept such certification as conclusive, and are authorized to let such Government contract to such concern or group of concerns without requiring it to meet any other requirement with respect to capacity and credit; “(8) to obtain from any Federal department, establishment, Federal contract information. or agency engaged in procurement or in the financing of procurement or production such reports concerning the letting of contracts and subcontracts and the making of loans to business concerns as it may deem pertinent in carrying out its functions under this Act: “(9) to obtain from any Federal department, establishment, or agency engaged in the disposal of Federal property such reports concerning the solicitation of bids, time of sale, or otherwise as it may deem pertinent in carrying put its functions under this Act; “(10) to obtain from suppliers of materials information pertaining to the method of filling orders and the bases for allocating their supply, whenever it appears that any small business is unable to obtain materials from its normal sources; “(11) to make studies and recommendations to the appropriate Studies and recommendations. Federal agencies to insure that a fair proportion of the total purchases and contracts for property and services for the Government be placed with small-business enterprises, to insure that a fair proportion of Government contracts for research and development be placed with small-business concerns, to insure that a fair proportion of the total sales of Government property be made to small-business concerns, and to insure a fair and equitable share of materials, supplies, and equipment to small-business concerns; “(12) to consult and cooperate with all Government agencies for the purpose of insuring that small-business concerns shall receive fair and reasonable treatment from such agencies; and “(13) to establish such small business advisory boards and Advisory boards. committees truly representative of small business as may be necessary to achieve the purposes of this Act. “(c) The Administration shall from time to time make studies of matters materially affecting the competitive strength of small business, and of the effect on small business of Federal laws, programs, and regulations, and shall make recommendations to the appropriate Federal agency or agencies for the adjustment of such programs and regulations to the needs of small business. “Sec. 9. (a) Research and development are major factors in the Research and development. growth and progress of industry and the national economy. The expense of carrying on research and development programs is beyond the means of many small-business concerns, and such concerns are handicapped in obtaining the benefits of research and development programs conducted at Government expense. These small-business concerns are thereby placed at a competitive disadvantage. This weakens the competitive free enterprise system and prevents the orderly development of the national economy. It is the policy of the Congress that assistance be given to small-business concerns to enable them to undertake and to obtain the benefits of research and development in order to maintain and strengthen the competitive free enterprise system and the national economy. “(b) It shall be the duty of the Administration, and it is hereby empowered— “(1) to assist small-business concerns to obtain Government contracts for research and development; “(2) to assist small-business concerns to obtain the benefits of research and development performed under Government contracts or at Government expense; and “(3) to provide technical assistance to small-business concerns to accomplish the purposes of this section. “(c) The Administration is authorized to consult and cooperate with all Government agencies and to make studies and recommendations to such agencies, and such agencies are authorized and directed to cooperate with the Administration in order to carry out and to accomplish the purposes of this section. “(d) (1) The Administrator is authorized to consult with representatives of small-business concerns with a view to assisting and encouraging such firms to undertake joint programs for research and development carried out through such corporate or other mechanism as may be most appropriate for the purpose. Such joint programs may, among other things, include the following purposes: “(A) to construct, acquire, or establish laboratories and other facilities for the conduct of research: “(B) to undertake and utilize applied research; “(C) to collect research information related to a particular industry and disseminate it to participating members; “(D) to conduct applied research on a protected, proprietary, and contractual basis with member or nonmember firms, Government agencies, and others; “(E) to prosecute applications for patents and render patent services for participating members; and “(F) to negotiate and grant licenses under patents held under the joint program, and to establish corporations designed to exploit particular patents obtained by it. “(2) The Administrator may, after consultation with the Attorney General and the Chairman of the Federal Trade Commission, and with the prior written approval of the Attorney General, approve any agreement between small-business firms providing for a joint program of research and development, if the Administrator finds that the joint program proposed will maintain and strengthen the free Withdrawal. enterprise system and the economy of the Nation. The Administrator or the Attorney General may at any time withdraw his approval of the agreement and the joint program of research and development covered thereby, if he finds that the agreement or the joint program carried on under it is no longer in the best interests of the competitive Publication in F.R. free enterprise system and the economy of the Nation. A copy of the statement of any such finding and approval intended to be within the coverage of this subsection, and a copy of any modification or withdrawal of approval, shall be published in the Federal Register. The authority conferred by this subsection on the Administrator shall not be delegated by him. “(3) No act or omission to act pursuant to and within the scope of any joint program for research and development, under an agree- ment approved by the Administrator under this subsection, shall be construed to be within the prohibitions of the antitrust laws or the Federal Trade Commission Act. Upon publication in the Federal 38 Stat. 717. 15 USC 58. Publication in F.R. Register of the notice of withdrawal of his approval of the agreement granted under this subsection, either by the Administrator or by the Attorney General, the provisions of this subsection shall not apply to any subsequent act or omission to act by reason of such agreement or approval. “Sec. 10. (a) The Administration shall make a report every six Semiannual reports. months of operations under this Act to the President, the President of the Senate, and the Speaker of the House of Representatives. Such report shall include the names of the business concerns to whom contracts are let and for whom financing is arranged by the Administration, together with the amounts involved, and such report shall include such other information and such comments and recommendations as the Administration may deem appropriate. “(b) The Administration shall make a report to the President, the President of the Senate, and the Speaker of the House of Representatives, to the Senate Select Committee on Small Business, and to the House Select Committee To Conduct a Study and Investigation of the Problems of Small Business, on June 30 and December 31 of each year, showing as accurately as possible for each such period the amount of funds appropriated to it that it has expended in the conduct of each of its principal activities such as lending, procurement, contracting, and providing technical and managerial aids. “(c) The Attorney General is directed to make, or request the Federal Dept. of Justice. Reports. Trade Commission to make for him, surveys for the purpose of determining any factors which may tend to eliminate competition, create or strengthen monopolies, injure small business, or otherwise promote undue concentration of economic power in the course of the administration of this Act. The Attorney General shall submit to the Congress and the President, at such times as he deems desirable, reports setting forth the results of such surveys and including such recommendations as he may deem desirable. “(d) For the purpose of aiding in carrying out the national policy Defense Dept. Reports. to insure that a fair proportion of the total purchases and contracts for property and services for the Government be placed with small-business enterprises, and to maintain and strengthen the overall economy of the Nation, the Department of Defense shall make a monthly report to the President, the President of the Senate, and the Speaker of the House of Representatives not less than forty-five days after the close of the month, showing the amount of funds appropriated to the Department of Defense which have been expended, obligated, or contracted to be spent with small-business concerns and the amount of such funds expended, obligated, or contracted to be spent with firms other than small business in the same fields of operation; and such monthly reports shall show separately the funds expended, obligated, or contracted to be spent for basic and applied scientific research and development. “(e) The Administration shall retain all correspondence, records Records retention. of inquiries, memoranda, reports, books, and records, including memoranda as to all investigations conducted by or for the Administration, for a period of at least one year from the date of each thereof, and shall at all times keep the same available for inspection and examination by the Senate Select Committee on Small Business and the House Select Committee To Conduct a Study and Investigation of the Problems of Small Business, or their duly authorized representatives. “(f) To the extent deemed necessary by the Administrator to protect Agency cooperation. and preserve small-business interests, the Administration shall consult and cooperate with other departments and agencies of the Federal Government in the formulation by the Administration of policies affecting small-business concerns. When requested by the Administrator, each department and agency of the Federal Government shall consult and cooperate with the Administration in the formulation by such department or agency of policies affecting small-business concerns, in order to insure that small-business interests will be recognized, protected, and preserved. This subsection shall not require any department or agency to consult or cooperate with the Administration in any case where the head of such department or agency determines that such consultation or cooperation would unduly delay action which must be taken by such department or agency to protect the national interest in an emergency. “Sec. 11. (a) The President is authorized to consult with representatives of small-business concerns with a view to encouraging the making by such persons with the approval of the President of voluntary agreements and programs to further the objectives of this Act. “(b) No act or omission to act pursuant to this Act which occurs while this Act is in effect, if requested by the President pursuant to a voluntary agreement or program approved under subsection (a) of this section and found by the President to be in the public interest as contributing to the national defense, shall be construed to be within the prohibitions of the antitrust laws or the Federal Trade Commission Act of the United States. A copy of each such request intended to be within the coverage of this section, and any modification or withdrawal thereof, shall be furnished to the Attorney General and the 38 Stat. 717. 15 USC 58. Public at ion in F.R. Chairman of the Federal Trade Commission when made, and it shall be published in the Federal Register unless publication thereof would, in the opinion of the President, endanger the national security. “(c) The authority granted in subsection (b) of this section shall be delegated only (1) to an official who shall for the purpose of such delegation be required to be appointed by the President by and with the advice and consent of the Senate, (2) upon the condition that such official consult with the Attorney General and the Chairman of the Federal Trade Commission not less than ten days before making any request or finding thereunder, and (3) upon the condition that such official obtain the approval of the Attorney General to any request thereunder before making the request. “(d) Upon withdrawal of any request or finding hereunder, or upon withdrawal by the Attorney General of his approval of the voluntary agreement or program on which the request or finding is based, the provisions of this section shall not apply to any subsequent act, or omission to act, by reason of such finding or request. “Sec. 12. The President may transfer to the Administration any functions, powers, and duties of any department or agency which relate primarily to small-business problems. In connection with any such transfer, the President may provide for appropriate transfers of records, property, necessary personnel, and unexpended balances of appropriations and other funds available to the department or agency from which the transfer is made. “Sec. 13. No loan shall be made or equipment, facilities, or services furnished by the Administration under this Act to any business enterprise unless the owners, partners, or officers of such business enterprise (1) certify to the Administration the names of any attorneys, agents, or other persons engaged by or on behalf of such business enterprise for the purpose of expediting applications made to the Administration for assistance of any sort, and the fees paid or to be paid to any such persons; (2) execute an agreement binding any such business enterprise for a period of two years after any assistance is rendered by the Administration to such business enterprise, to refrain from employing, tendering any office or employment to, or retaining for professional services, any person who, on the date such assistance or any part thereof was rendered, or within one year prior thereto, shall have served as an officer, attorney, agent, or employee of the Administration occupying a position or engaging in activities which the Administration shall have determined involve discretion with respect to the granting of assistance under this Act; and (3) furnish the names of lending institutions to which such business enterprise has applied for loans together with dates, amounts, terms, and proof of refusal. “Sec. 14. To the fullest extent the Administration deems practicable, Charge for Government-owned property. it shall make a fair charge for the use of Government-owned property and make and let contracts on a basis that will result in a recovery of the direct costs incurred by the Administration. “Sec. 15. To effectuate the purposes of this Act, small-business Determination of awards or contracts. concerns within the meaning of this Act shall receive any award or contract or any part thereof, and be awarded any contract for the sale of Government property, as to which it is determined by the Administration and the contracting procurement or disposal agency (1) to be in the interest of maintaining or mobilizing the Nations full productive capacity, (2) to be in the interest of war or national defense programs, (3) to be in the interest of assuring that a fair proportion of the total purchases and contracts for property and services for the Government are placed with small-business concerns, or (4) to be in the interest of assuring that a fair proportion of the total sales of Government property be made to small-business concerns; but nothing contained in this Act shall be construed to change any preferences or priorities established by law with respect to the sale of electrical power or other property by the Government or any agency thereof. These determinations may be made for individual awards or contracts or for classes of awards or contracts. Whenever the Administration and the contracting procurement agency fail to agree, the matter shall be submitted for determination to the Secretary or the head of the appropriate department or agency by the Administrator. (a) Whoever makes any statement knowing it to be false, Violations and penalties. or whoever willfully overvalues any security, for the purpose of obtaining for himself or for any applicant any loan, or extension thereof by renewal, deferment of action, or otherwise, or the acceptance, release, or substitution of security therefor, or for the purpose of influencing in any way the action of the Administration, or for the purpose of obtaining money, property, or anything of value, under this Act, shall be punished by a fine of not more than $5,000 or by imprisonment for not more than two years, or both. “(b) Whoever, being connected in any capacity with the Administration, (1) embezzles, abstracts, purloins, or willfully misapplies any moneys, funds, securities, or other things of value, whether belonging to it or pledged or otherwise entrusted to it, or (2) with intent to defraud the Administration or any other body politic or corporate, or any individual, or to deceive any officer, auditor, or examiner of the Administration, makes any false entry in any book, report, or statement of or to the Administration, or, without being duly authorized, draws any order or issues, puts forth, or assigns any note, debenture, bond, or other obligation, or draft, bill of exchange, mortgage, judgment, or decree thereof, or (3) with intent to defraud participates or shares in or receives directly or indirectly any money, profit, property, or benefit through any transaction, loan, commission, contract, or any other act of the Administration, or (4) gives any unauthorized information concerning any future action or plan of the Administration which might affect the value of securities, or, having such knowledge, invests or speculates, directly or indirectly, in the securities or property of any company or corporation receiving loans or other assistance from the Administration, shall be punished by a fine of not more than $10,000 or by imprisonment for not more than five years, or both. “Sec. 17. Any interest held by the Administration in property, as security for a loan, shall be subordinate to any lien on such property for taxes due on the property to a State, or political subdivision thereof, in any case where such lien would, under applicable State law, be superior to such interest if such interest were held by any party other than the United States. “Sec. 18. The Administration shall not duplicate the work or activity of any other department or agency of the Federal Government and nothing contained in this Act shall be construed to authorize any such duplication unless such work or activity is expressly provided for in this Act. “Sec. 19. If any provision of this Act, or the application thereof to any person or circumstances, is held invalid, the remainder of this Act, and the application of such provision to other persons or circumstances, shall not be affected thereby. “Sec. 20. There are hereby authorized to be appropriated such sums as may be necessary and appropriate for the carrying out of the provisions and purposes of this Act. “Sec. 21. All laws and parts of laws inconsistent with this Act are hereby repealed to the extent of such inconsistency.”

2. 1988

   Small Business International Trade and Competitiveness Act

   Pub. L. 100–418 title VIII § 8003 · 102 Stat. 1107

   1. Added · 15 U.S.C. § 649(b)(g)

      Pub. L. 100–418 added subsec. (b)

   2. Redesignated · 15 U.S.C. § 649(b)(g)

      Pub. L. 100–418 redesignated former subsec. (b) as (c)

   3. Added · 15 U.S.C. § 649(b)(g)

      Pub. L. 100–418 added pars. (1) to (5)

   4. Redesignated · 15 U.S.C. § 649(b)(g)

      Pub. L. 100–418 redesignated former pars. (1) to (3) as (6) to (8), respectively

   5. Added · 15 U.S.C. § 649(b)(g)

      Pub. L. 100–418 added subsecs. (d) to (g)

   Source evidence

   Code amendment note
   Subsecs. (b) to (g). Pub. L. 100–418 added subsec. (b), redesignated former subsec. (b) as (c) and added pars. (1) to (5) and redesignated former pars. (1) to (3) as (6) to (8), respectively, and added subsecs. (d) to (g).

   Enacted provision · exact public law section
   SEC 8003. CHANGES IN EXISTING SMALL BUSINESS ADMINISTRATION INTERNATIONAL TRADE OFFICE. Section 22 of the Small Business Act (15 U.S.C. 649) is amended— (1) by redesignating subsection (b) as subsection (c) and by inserting after subsection (a) the following: “(b) The Office, working in close cooperation with the Department of Commerce and other relevant Federal agencies, Small Business Development Centers engaged in export promotion efforts, regional and local Administration offices, the small business community, and relevant State and local export promotion programs, shall— “(1) assist in developing a distribution network for existing trade promotion, trade finance, trade adjustment, trade remedy assistance and trade data collection programs through use of the Administration’s regional and local offices and the Small Business Development Center network; “(2) assist in the aggressive marketing of these programs and the dissemination of marketing information, including computerized marketing data, to the small business community; and “(3) give preference in hiring or approving the transfer of any employee into the Office or to a position described in paragraph (8) below to otherwise qualified applicants who are fluent in a language in addition to English. Such employees shall accompany foreign trade missions if designated by the director of the Office and shall be available as needed to translate documents, interpret conversations and facilitate multilingual transactions including providing referral lists for translation services if required.”; (2) in subsection (c), as redesignated, by redesignating paragraphs (1) through (3) as (6) through (8), respectively, and by inserting the following before paragraph (6), as redesignated: “(1) in cooperation with the Department of Commerce, other relevant agencies, regional and local Administration offices, the Small Business Development Center network, and State programs, develop a mechanism for (A) identifying subsectors of the small business community with strong export potential; (B) identifying areas of demand in foreign markets; (C) prescreening foreign buyers for commercial and credit purposes; and (D) assisting in increasing international marketing by disseminating relevant information regarding market leads, linking potential sellers and buyers, and catalyzing the formation of joint ventures, where appropriate; “(2) in cooperation with the Department of Commerce, actively assist small businesses in the formation and utilization of export trading companies, export management companies and research and development pools authorized under section 9 of this Act; “(3) work in conjunction with other Federal agencies, regional Schools and colleges. and local offices of the Administration, the Small Business Development Center network, and the private sector to identify and publicize existing translation services, including those available through colleges and universities participating in the Small Business Development Center Program; “(4) work closely with the Department of Commerce and other relevant Federal agencies to— “(A) collect, analyze and periodically update relevant Public information. data regarding the small business share of United States exports and the nature of State exports (including the production of Gross State Produce figures) and disseminate that data to the public and to Congress; “(B) make recommendations to the Secretary of Commerce and to Congress regarding revision of the SIC codes to encompass industries currently overlooked and to create SIC codes for export trading companies and export management companies; “(C) improve the utility and accessibility of existing export promotion programs for small businesses; and “(D) increase the accessibility of the Export Trading Company contact facilitation service; “(5) make available to the small business community information regarding conferences on exporting and international trade sponsored by the public and private sector.”; and (3) by adding after subsection (c), as redesignated, the following new subsections: “(d) The Office shall work in cooperation with the Export-Import Bank of the United States, the Department of Commerce, other relevant Federal agencies, and the States to develop a program through which export specialists in the regional offices of the Administration, regional and local loan officers, and Small Business Development Center personnel can facilitate the access of small businesses to relevant export financing programs of the Export-Import Bank of the United States and to export and pre-export financing programs available from the Administration and the private sector. To accomplish this goal, the Office shall work in cooperation with the Export-Import Bank and the small business community, including small business trade associations, to— “(1) aggressively market existing Administration export Marketing. financing and pre-export financing programs; “(2) identify financing available under various Export-Import Bank programs, and aggressively market those programs to small businesses; “(3) assist in the development of financial intermediaries and facilitate the access of those intermediaries to existing financing programs; “(4) promote greater participation by private financial institutions, particularly those institutions already participating in loan programs under this Act, in export finance; and “(5) provide for the participation of appropriate Administration personnel in training programs conducted by the Export-Import Bank. “(e) The Office shall— “(1) work in cooperation with other Federal agencies and the private sector to counsel small businesses with respect to initiating and participating in any proceedings relating to the administration of the United States trade laws; and “(2) work with the Department of Commerce, the Office of the United States Trade Representative, and the International Trade Commission to increase access to trade remedy proceedings for small businesses. “(f) The Office shall report to the Committees on Small Business of the House of Representatives and the Senate on an annual basis as to its progress in implementing the requirements under this section. “(g) The Office, in cooperation, where appropriate, with the Division of Economic Research of the Office of Advocacy, and with other Federal agencies, shall undertake studies regarding the following issues and shall report to the Committees on Small Business of the House of Representatives and the Senate, and to other relevant Committees of the House and Senate within 6 months after the date of enactment of the Small Business International Trade and Competitiveness Act with specific recommendations on— “(1) the viability and cost of establishing an annual, competitive small business export incentive program similar to the Small Business Innovation Research program and alternative methods of structuring such a program; “(2) methods of streamlining trade remedy proceedings to increase access for, and reduce expenses incurred by, smaller firms; “(3) methods of improving the current small business foreign sales corporation tax incentives and providing small businesses with greater benefits from this initiative; “(4) methods of identifying potential export markets for United States small businesses; maintaining and disseminating current foreign market data; and devising a comprehensive export marketing strategy for United States small business goods and services, and shall include data on the volume and dollar amount of goods and services, identified by type, imported by United States trading partners over the past 10 years; and “(5) the results of a survey of major United States trading partners to identify the domestic policies, programs and incentives, and the private sector initiatives, which exist to encourage the formation and growth of small business.”.

3. 2010

   Small Business Export Enhancement and International Trade Act of 2010

   Pub. L. 111–240 § 1203(a)(1) · 124 Stat. 2504

   Inserted · 15 U.S.C. § 649

   Pub. L. 111–240, § 1203(a)(1), inserted section catchline

   Source evidence

   Code amendment note
   Pub. L. 111–240, § 1203(a)(1), inserted section catchline.

   Enacted provision · exact public law section
   (1) by striking “Sec. 22. (a) There” and inserting the following: “SEC. 22. OFFICE OF INTERNATIONAL TRADE. “(a) Establishment.— “(1) Office.— There” ; and

4. 2010

   Small Business Export Enhancement and International Trade Act of 2010

   Pub. L. 111–240 § 1203(a) · 124 Stat. 2504

   1. Inserted · 15 U.S.C. § 649(a)

      Pub. L. 111–240, § 1203(a), inserted subsec. (a) heading

   2. Amended · 15 U.S.C. § 649(a)

      Pub. L. 111–240, § 1203(a), designated existing provisions as par. (1)

   3. Inserted · 15 U.S.C. § 649(a)

      Pub. L. 111–240, § 1203(a), inserted par. (1) heading

   4. Substituted · 15 U.S.C. § 649(a)

      Pub. L. 111–240, § 1203(a), substituted “for the primary purposes of increasing—” for period at end

   5. Added · 15 U.S.C. § 649(a)

      Pub. L. 111–240, § 1203(a), added subpars. (A) and (B) of par. (1)

   6. Added · 15 U.S.C. § 649(a)

      Pub. L. 111–240, § 1203(a), added par. (2)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 111–240, § 1203(a), inserted subsec. (a) heading, designated existing provisions as par. (1), inserted par. (1) heading, substituted “for the primary purposes of increasing—” for period at end, added subpars. (A) and (B) of par. (1), and added par. (2).

   Enacted provision · exact public law section
   (a) Establishment.— Section 22 of the Small Business Act (15 U.S.C. 649) is amended— (1) by striking “Sec. 22. (a) There” and inserting the following: “SEC. 22. OFFICE OF INTERNATIONAL TRADE. “(a) Establishment.— “(1) Office.— There” ; and (2) in subsection (a)— (A) in paragraph (1), as so designated, by striking the period and inserting “for the primary purposes of increasing— “(A) the number of small business concerns that export; and “(B) the volume of exports by small business concerns.” ; and (B) by adding at the end the following: “(2) Associate administrator.— The head of the Office shall be the Associate Administrator for International Trade, who shall be responsible to the Administrator.” .

5. 2010

   Small Business Export Enhancement and International Trade Act of 2010

   Pub. L. 111–240 § 1204(a)(1) · 124 Stat. 2504

   1. Added · 15 U.S.C. § 649(b)

      Pub. L. 111–240, § 1204(a)(1), added subsec. (b)

   2. Struck · 15 U.S.C. § 649(b)

      Pub. L. 111–240, § 1204(a)(1), struck out former subsec. (b) which related to development of distribution network, marketing of programs and dissemination of information, and bilingual job applicants

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 111–240, § 1204(a)(1), added subsec. (b) and struck out former subsec. (b) which related to development of distribution network, marketing of programs and dissemination of information, and bilingual job applicants.

   Enacted provision · exact public law section
   (1) by striking subsection (b) and inserting the following: “(b) Trade Distribution Network.— The Associate Administrator, working in close cooperation with the Secretary of Commerce, the United States Trade Representative, the Secretary of Agriculture, the Secretary of State, the President of the Export-Import Bank of the United States, the President of the Overseas Private Investment Corporation, Director of the United States Trade and Development Agency, and other relevant Federal agencies, small business development centers engaged in export promotion efforts, Export Assistance Centers, regional and district offices of the Administration, the small business community, and relevant State and local export promotion programs, shall— “(1) maintain a distribution network, using regional and district offices of the Administration, the small business development center network, networks of women’s business centers, the Service Corps of Retired Executives authorized by section 8(b)(1), and Export Assistance Centers, for programs relating to— “(A) trade promotion; “(B) trade finance; “(C) trade adjustment assistance; “(D) trade remedy assistance; and “(E) trade data collection; “(2) aggressively market the programs described in paragraph (1) and disseminate information, including computerized marketing data, to small business concerns on exporting trends, market-specific growth, industry trends, and international prospects for exports; “(3) promote export assistance programs through the district and regional offices of the Administration, the small business development center network, Export Assistance Centers, the network of women’s business centers, chapters of the Service Corps of Retired Executives, State and local export promotion programs, and partners in the private sector; and “(4) give preference in hiring or approving the transfer of any employee into the Office or to a position described in subsection (c)(9) to otherwise qualified applicants who are fluent in a language in addition to English, to— “(A) accompany small business concerns on foreign trade missions; and “(B) translate documents, interpret conversations, and facilitate multilingual transactions, including by providing referral lists for translation services, if required.” ;

6. 2010

   Small Business Export Enhancement and International Trade Act of 2010

   Pub. L. 111–240 § 1204(a)(2)(A) · 124 Stat. 2504

   1. Inserted · 15 U.S.C. § 649(c)

      Pub. L. 111–240, § 1204(a)(2)(A), inserted heading

   2. Substituted · 15 U.S.C. § 649(c)

      Pub. L. 111–240, § 1204(a)(2)(A), substituted “The Associate Administrator” for “The Office” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 111–240, § 1204(a)(2)(A), inserted heading and substituted “The Associate Administrator” for “The Office” in introductory provisions.

   Enacted provision · exact public law section
   (A) by striking “(c) The Office” and inserting the following: “(c) Promotion of Sales Opportunities.— The Associate Administrator” ;

7. 2010

   Small Business Export Enhancement and International Trade Act of 2010

   Pub. L. 111–240 § 1204(a)(2)(C) · 124 Stat. 2504

   Redesignated · 15 U.S.C. § 649(c)(1)

   Pub. L. 111–240, § 1204(a)(2)(C), added par. (1). Former par. (1) redesignated (2)

   Source evidence

   Code amendment note
   Subsec. (c)(1). Pub. L. 111–240, § 1204(a)(2)(C), added par. (1). Former par. (1) redesignated (2).

   Enacted provision · exact public law section
   (C) by inserting before paragraph (2), as so redesignated, the following: “(1) establish annual goals for the Office relating to— “(A) enhancing the exporting capability of small business concerns and small manufacturers; “(B) facilitating technology transfers; “(C) enhancing programs and services to assist small business concerns and small manufacturers to compete effectively and efficiently in foreign markets; “(D) increasing the ability of small business concerns to access capital; and “(E) disseminating information concerning Federal, State, and private programs and initiatives;” ;

8. 2010

   Small Business Export Enhancement and International Trade Act of 2010

   Pub. L. 111–240 § 1204(a)(2)(D) · 124 Stat. 2504

   Substituted · 15 U.S.C. § 649(c)(2)

   Pub. L. 111–240, § 1204(a)(2)(D), substituted “mechanism for—

   Source evidence

   Code amendment note
   Subsec. (c)(2). Pub. L. 111–240, § 1204(a)(2)(D), substituted “mechanism for—

   “(A) identifying subsectors of the small business community with strong export potential; “(B) identifying areas of demand in foreign markets; “(C) prescreening foreign buyers for commercial and credit purposes; and “(D) assisting” for “mechanism for (A) identifying sub-sectors of the small business community with strong export potential; (B) identifying areas of demand in foreign markets; (C) prescreening foreign buyers for commercial and credit purposes; and (D) assisting”.

   Enacted provision · exact public law section
   (D) in paragraph (2), as so redesignated, by striking “mechanism for” and all that follows through “(D) assisting” and inserting the following: “mechanism for— “(A) identifying subsectors of the small business community with strong export potential; “(B) identifying areas of demand in foreign markets; “(C) prescreening foreign buyers for commercial and credit purposes; and “(D) assisting” ;

9. 2010

   Small Business Export Enhancement and International Trade Act of 2010

   Pub. L. 111–240 § 1204(a)(2)(B) · 124 Stat. 2504

   Redesignated · 15 U.S.C. § 649(c)(2)

   Pub. L. 111–240, § 1204(a)(2)(B), redesignated par. (1) as (2). Former par. (2) redesignated (3)

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 111–240, § 1204(a)(2)(B), redesignated par. (1) as (2). Former par. (2) redesignated (3).

   Enacted provision · exact public law section
   (B) by redesignating paragraphs (1) through (8) as paragraphs (2) through (9), respectively;

10. 2010

    Small Business Export Enhancement and International Trade Act of 2010

    Pub. L. 111–240 § 1204(a)(2)(E) · 124 Stat. 2504

    Substituted · 15 U.S.C. § 649(c)(3)

    Pub. L. 111–240, § 1204(a)(2)(E), substituted “assist small business concerns in forming and using” for “assist small businesses in the formation and utilization of”

    Source evidence

    Code amendment note
    Subsec. (c)(3). Pub. L. 111–240, § 1204(a)(2)(E), substituted “assist small business concerns in forming and using” for “assist small businesses in the formation and utilization of”.

    Enacted provision · exact public law section
    (E) in paragraph (3), as so redesignated, by striking “assist small businesses in the formation and utilization of” and inserting “assist small business concerns in forming and using”;

11. 2010

    Small Business Export Enhancement and International Trade Act of 2010

    Pub. L. 111–240 § 1204(a)(2)(B) · 124 Stat. 2504

    Redesignated · 15 U.S.C. § 649(c)(3)

    Pub. L. 111–240, § 1204(a)(2)(B), redesignated par. (2) as (3). Former par. (3) redesignated (4)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 111–240, § 1204(a)(2)(B), redesignated par. (2) as (3). Former par. (3) redesignated (4).

    Enacted provision · exact public law section
    (B) by redesignating paragraphs (1) through (8) as paragraphs (2) through (9), respectively;

12. 2010

    Small Business Export Enhancement and International Trade Act of 2010

    Pub. L. 111–240 § 1204(a)(2)(F) · 124 Stat. 2504

    1. Substituted · 15 U.S.C. § 649(c)(4)

       Pub. L. 111–240, § 1204(a)(2)(F), substituted “district” for “local”

    2. Substituted · 15 U.S.C. § 649(c)(4)

       Pub. L. 111–240, § 1204(a)(2)(F), substituted “small business development center network” for “Small Business Development Center network”

    3. Substituted · 15 U.S.C. § 649(c)(4)

       Pub. L. 111–240, § 1204(a)(2)(F), substituted “small business development center program” for “Small Business Development Center Program”

    4. Struck · 15 U.S.C. § 649(c)(4)

       Pub. L. 111–240, § 1204(a)(2)(F), struck out “existing” before “translation”

    Source evidence

    Code amendment note
    Subsec. (c)(4). Pub. L. 111–240, § 1204(a)(2)(F), substituted “district” for “local”, “small business development center network” for “Small Business Development Center network”, and “small business development center program” for “Small Business Development Center Program” and struck out “existing” before “translation”.

    Enacted provision · exact public law section
    (F) in paragraph (4), as so redesignated— (i) by striking “local” and inserting “district”; (ii) by striking “existing”; (iii) by striking “Small Business Development Center network” and inserting “small business development center network”; and (iv) by striking “Small Business Development Center Program” and inserting “small business development center program”;

13. 2010

    Small Business Export Enhancement and International Trade Act of 2010

    Pub. L. 111–240 § 1204(a)(2)(B) · 124 Stat. 2504

    Redesignated · 15 U.S.C. § 649(c)(4)

    Pub. L. 111–240, § 1204(a)(2)(B), redesignated par. (3) as (4). Former par. (4) redesignated (5)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 111–240, § 1204(a)(2)(B), redesignated par. (3) as (4). Former par. (4) redesignated (5).

    Enacted provision · exact public law section
    (B) by redesignating paragraphs (1) through (8) as paragraphs (2) through (9), respectively;

14. 2010

    Small Business Export Enhancement and International Trade Act of 2010

    Pub. L. 111–240 § 1204(a)(2)(B) · 124 Stat. 2504

    Redesignated · 15 U.S.C. § 649(c)(5)

    Pub. L. 111–240, § 1204(a)(2)(B), redesignated par. (4) as (5). Former par. (5) redesignated (6)

    Source evidence

    Code amendment note
    Subsec. (c)(5). Pub. L. 111–240, § 1204(a)(2)(B), redesignated par. (4) as (5). Former par. (5) redesignated (6).

    Enacted provision · exact public law section
    (B) by redesignating paragraphs (1) through (8) as paragraphs (2) through (9), respectively;

15. 2010

    Small Business Export Enhancement and International Trade Act of 2010

    Pub. L. 111–240 § 1204(a)(2)(G)(i) · 124 Stat. 2504

    Substituted · 15 U.S.C. § 649(c)(5)(A)

    Pub. L. 111–240, § 1204(a)(2)(G)(i), substituted “Gross State Product” for “Gross State Produce”

    Source evidence

    Code amendment note
    Subsec. (c)(5)(A). Pub. L. 111–240, § 1204(a)(2)(G)(i), substituted “Gross State Product” for “Gross State Produce”.

    Enacted provision · exact public law section
    (i) in subparagraph (A), by striking “Gross State Produce” and inserting “Gross State Product”;

16. 2010

    Small Business Export Enhancement and International Trade Act of 2010

    Pub. L. 111–240 § 1204(a)(2)(G)(ii) · 124 Stat. 2504

    Substituted · 15 U.S.C. § 649(c)(5)(B)

    Pub. L. 111–240, § 1204(a)(2)(G)(ii), substituted “North American Industry Classification System” for “SIC” in two places

    Source evidence

    Code amendment note
    Subsec. (c)(5)(B). Pub. L. 111–240, § 1204(a)(2)(G)(ii), substituted “North American Industry Classification System” for “SIC” in two places.

    Enacted provision · exact public law section
    (ii) in subparagraph (B), by striking “SIC” each place it appears and inserting “North American Industry Classification System”; and

17. 2010

    Small Business Export Enhancement and International Trade Act of 2010

    Pub. L. 111–240 § 1204(a)(2)(G)(iii) · 124 Stat. 2504

    Substituted · 15 U.S.C. § 649(c)(5)(C)

    Pub. L. 111–240, § 1204(a)(2)(G)(iii), substituted “small business concerns” for “small businesses”

    Source evidence

    Code amendment note
    Subsec. (c)(5)(C). Pub. L. 111–240, § 1204(a)(2)(G)(iii), substituted “small business concerns” for “small businesses”.

    Enacted provision · exact public law section
    (iii) in subparagraph (C), by striking “small businesses” and inserting “small business concerns”;

18. 2010

    Small Business Export Enhancement and International Trade Act of 2010

    Pub. L. 111–240 § 1204(a)(2)(H) · 124 Stat. 2504

    Substituted · 15 U.S.C. § 649(c)(6)

    Pub. L. 111–240, § 1204(a)(2)(H), substituted semicolon for period at end

    Source evidence

    Code amendment note
    Subsec. (c)(6). Pub. L. 111–240, § 1204(a)(2)(H), substituted semicolon for period at end.

    Enacted provision · exact public law section
    (H) in paragraph (6), as so redesignated, by striking the period at the end and inserting a semicolon;

19. 2010

    Small Business Export Enhancement and International Trade Act of 2010

    Pub. L. 111–240 § 1204(a)(2)(B) · 124 Stat. 2504

    Redesignated · 15 U.S.C. § 649(c)(6)

    Pub. L. 111–240, § 1204(a)(2)(B), redesignated par. (5) as (6). Former par. (6) redesignated (7)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 111–240, § 1204(a)(2)(B), redesignated par. (5) as (6). Former par. (6) redesignated (7).

    Enacted provision · exact public law section
    (B) by redesignating paragraphs (1) through (8) as paragraphs (2) through (9), respectively;

20. 2010

    Small Business Export Enhancement and International Trade Act of 2010

    Pub. L. 111–240 § 1204(a)(2)(I)(i)(II) · 124 Stat. 2504

    1. Substituted · 15 U.S.C. § 649(c)(7)

       Pub. L. 111–240, § 1204(a)(2)(I)(i)(II), (v), substituted “small business concerns” for “small businesses” in introductory provisions

    2. Substituted · 15 U.S.C. § 649(c)(7)

       Pub. L. 111–240, § 1204(a)(2)(I)(i)(II), (v), substituted “up to date” for “current” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (c)(7). Pub. L. 111–240, § 1204(a)(2)(I)(i)(II), (v), substituted “small business concerns” for “small businesses” and “up to date” for “current” in introductory provisions.

    Enacted provision · exact public law section
    (II) by striking “current” and inserting “up to date”;

21. 2010

    Small Business Export Enhancement and International Trade Act of 2010

    Pub. L. 111–240 § 1204(a)(2)(I)(i)(I) · 124 Stat. 2504

    Inserted · 15 U.S.C. § 649(c)(7)

    Pub. L. 111–240, § 1204(a)(2)(I)(i)(I), which directed amendment of introductory provisions by inserting “concerns” after “small business”, could not be executed because the words “small business” did not appear

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 111–240, § 1204(a)(2)(I)(i)(I), which directed amendment of introductory provisions by inserting “concerns” after “small business”, could not be executed because the words “small business” did not appear.

    Enacted provision · exact public law section
    (I) by inserting “concerns” after “small business”; and

22. 2010

    Small Business Export Enhancement and International Trade Act of 2010

    Pub. L. 111–240 § 1204(a)(2)(B) · 124 Stat. 2504

    Redesignated · 15 U.S.C. § 649(c)(7)

    Pub. L. 111–240, § 1204(a)(2)(B), redesignated par. (6) as (7). Former par. (7) redesignated (8)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 111–240, § 1204(a)(2)(B), redesignated par. (6) as (7). Former par. (7) redesignated (8).

    Enacted provision · exact public law section
    (B) by redesignating paragraphs (1) through (8) as paragraphs (2) through (9), respectively;

23. 2010

    Small Business Export Enhancement and International Trade Act of 2010

    Pub. L. 111–240 § 1204(a)(2)(I)(ii) · 124 Stat. 2504

    Substituted · 15 U.S.C. § 649(c)(7)(A)

    Pub. L. 111–240, § 1204(a)(2)(I)(ii), substituted “regional and district offices of the Administration” for “Administration’s regional offices”

    Source evidence

    Code amendment note
    Subsec. (c)(7)(A). Pub. L. 111–240, § 1204(a)(2)(I)(ii), substituted “regional and district offices of the Administration” for “Administration’s regional offices”.

    Enacted provision · exact public law section
    (ii) in subparagraph (A), by striking “Administration’s regional offices” and inserting “regional and district offices of the Administration”;

24. 2010

    Small Business Export Enhancement and International Trade Act of 2010

    Pub. L. 111–240 § 1204(a)(2)(I)(iii) · 124 Stat. 2504

    Struck · 15 U.S.C. § 649(c)(7)(B)

    Pub. L. 111–240, § 1204(a)(2)(I)(iii), struck out “current” before “list”

    Source evidence

    Code amendment note
    Subsec. (c)(7)(B). Pub. L. 111–240, § 1204(a)(2)(I)(iii), struck out “current” before “list”.

    Enacted provision · exact public law section
    (iii) in subparagraph (B) by striking “current”;

25. 2010

    Small Business Export Enhancement and International Trade Act of 2010

    Pub. L. 111–240 § 1204(a)(2)(I)(iv) · 124 Stat. 2504

    1. Struck · 15 U.S.C. § 649(c)(7)(C)

       Pub. L. 111–240, § 1204(a)(2)(I)(iv), (v), struck out “current” before “directory”

    2. Substituted · 15 U.S.C. § 649(c)(7)(C)

       Pub. L. 111–240, § 1204(a)(2)(I)(iv), (v), substituted “small business concerns” for “small businesses”

    Source evidence

    Code amendment note
    Subsec. (c)(7)(C). Pub. L. 111–240, § 1204(a)(2)(I)(iv), (v), struck out “current” before “directory” and substituted “small business concerns” for “small businesses”.

    Enacted provision · exact public law section
    (iv) in subparagraph (C), by striking “current”; and

26. 2010

    Small Business Export Enhancement and International Trade Act of 2010

    Pub. L. 111–240 § 1204(a)(2)(I)(v) · 124 Stat. 2504

    Substituted · 15 U.S.C. § 649(c)(7)(D)

    Pub. L. 111–240, § 1204(a)(2)(I)(v), substituted “small business concerns” for “small businesses”

    Source evidence

    Code amendment note
    Subsec. (c)(7)(D). Pub. L. 111–240, § 1204(a)(2)(I)(v), substituted “small business concerns” for “small businesses”.

    Enacted provision · exact public law section
    (v) by striking “small businesses” each place that term appears and inserting “small business concerns”;

27. 2010

    Small Business Export Enhancement and International Trade Act of 2010

    Pub. L. 111–240 § 1204(a)(2)(J) · 124 Stat. 2504

    Struck · 15 U.S.C. § 649(c)(8)

    Pub. L. 111–240, § 1204(a)(2)(J), struck out “and” at end. The amendment was made to reflect the probable intent of Congress, in the absence of quotation marks around the word “and” in the directory language

    Source evidence

    Code amendment note
    Subsec. (c)(8). Pub. L. 111–240, § 1204(a)(2)(J), struck out “and” at end. The amendment was made to reflect the probable intent of Congress, in the absence of quotation marks around the word “and” in the directory language.

    Enacted provision · exact public law section
    (J) in paragraph (8), as so redesignated, by striking and at the end;

28. 2010

    Small Business Export Enhancement and International Trade Act of 2010

    Pub. L. 111–240 § 1204(a)(2)(B) · 124 Stat. 2504

    Redesignated · 15 U.S.C. § 649(c)(8)

    Pub. L. 111–240, § 1204(a)(2)(B), redesignated par. (7) as (8). Former par. (8) redesignated (9)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 111–240, § 1204(a)(2)(B), redesignated par. (7) as (8). Former par. (8) redesignated (9).

    Enacted provision · exact public law section
    (B) by redesignating paragraphs (1) through (8) as paragraphs (2) through (9), respectively;

29. 2010

    Small Business Export Enhancement and International Trade Act of 2010

    Pub. L. 111–240 § 1204(a)(2)(K)(i) · 124 Stat. 2504

    1. Substituted · 15 U.S.C. § 649(c)(9)

       Pub. L. 111–240, § 1204(a)(2)(K)(i), (vi), in introductory provisions, substituted “small business concerns” for “small businesses”

    2. Substituted · 15 U.S.C. § 649(c)(9)

       Pub. L. 111–240, § 1204(a)(2)(K)(i), (vi), in introductory provisions, substituted “individual in each district office and providing each Administration regional office with a full-time export development specialist, who” for “person in each district office. Such specialists”

    3. Struck · 15 U.S.C. § 649(c)(9)

       Pub. L. 111–240, § 1204(a)(2)(K)(i), (vi), in introductory provisions, struck out “full-time export development specialists to each Administration regional office and assigning” before “primary responsibility”

    Source evidence

    Code amendment note
    Subsec. (c)(9). Pub. L. 111–240, § 1204(a)(2)(K)(i), (vi), in introductory provisions, substituted “small business concerns” for “small businesses” and “individual in each district office and providing each Administration regional office with a full-time export development specialist, who” for “person in each district office. Such specialists” and struck out “full-time export development specialists to each Administration regional office and assigning” before “primary responsibility”.

    Enacted provision · exact public law section
    (i) in the matter preceding subparagraph (A)— (I) by striking “full-time export development specialists to each Administration regional office and assigning”; and (II) by striking “person in each district office. Such specialists” and inserting “individual in each district office and providing each Administration regional office with a full-time export development specialist, who”;

30. 2010

    Small Business Export Enhancement and International Trade Act of 2010

    Pub. L. 111–240 § 1204(a)(2)(B) · 124 Stat. 2504

    Redesignated · 15 U.S.C. § 649(c)(9)

    Pub. L. 111–240, § 1204(a)(2)(B), redesignated par. (8) as (9)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 111–240, § 1204(a)(2)(B), redesignated par. (8) as (9).

    Enacted provision · exact public law section
    (B) by redesignating paragraphs (1) through (8) as paragraphs (2) through (9), respectively;

31. 2010

    Small Business Export Enhancement and International Trade Act of 2010

    Pub. L. 111–240 § 1204(a)(2)(K)(vi) · 124 Stat. 2504

    Substituted · 15 U.S.C. § 649(c)(9)(A)

    Pub. L. 111–240, § 1204(a)(2)(K)(vi), substituted “small business concerns” for “small businesses”

    Source evidence

    Code amendment note
    Subsec. (c)(9)(A). Pub. L. 111–240, § 1204(a)(2)(K)(vi), substituted “small business concerns” for “small businesses”.

    Enacted provision · exact public law section
    (vi) by striking “small businesses” each place that term appears and inserting “small business concerns”; and

32. 2010

    Small Business Export Enhancement and International Trade Act of 2010

    Pub. L. 111–240 § 1204(a)(2)(K)(vi) · 124 Stat. 2504

    Substituted · 15 U.S.C. § 649(c)(9)(B)

    Pub. L. 111–240, § 1204(a)(2)(K)(vi), substituted “small business concerns” for “small businesses”

    Source evidence

    Code amendment note
    Subsec. (c)(9)(B). Pub. L. 111–240, § 1204(a)(2)(K)(vi), substituted “small business concerns” for “small businesses”.

    Enacted provision · exact public law section
    (vi) by striking “small businesses” each place that term appears and inserting “small business concerns”; and

33. 2010

    Small Business Export Enhancement and International Trade Act of 2010

    Pub. L. 111–240 § 1204(a)(2)(K)(ii)(II) · 124 Stat. 2504

    Substituted · 15 U.S.C. § 649(c)(9)(B)

    Pub. L. 111–240, § 1204(a)(2)(K)(ii)(II), which directed amendment by substituting “in” for “with”, was executed by making the substitution for “within”, to reflect the probable intent of Congress

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 111–240, § 1204(a)(2)(K)(ii)(II), which directed amendment by substituting “in” for “with”, was executed by making the substitution for “within”, to reflect the probable intent of Congress.

    Enacted provision · exact public law section
    (II) by striking “with” and inserting “in”;

34. 2010

    Small Business Export Enhancement and International Trade Act of 2010

    Pub. L. 111–240 § 1204(a)(2)(K)(ii)(I) · 124 Stat. 2504

    Struck · 15 U.S.C. § 649(c)(9)(B)

    Pub. L. 111–240, § 1204(a)(2)(K)(ii)(I), struck out “current” before “directory”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 111–240, § 1204(a)(2)(K)(ii)(I), struck out “current” before “directory”.

    Enacted provision · exact public law section
    (I) by striking “current”; and

35. 2010

    Small Business Export Enhancement and International Trade Act of 2010

    Pub. L. 111–240 § 1204(a)(2)(K)(iii) · 124 Stat. 2504

    1. Substituted · 15 U.S.C. § 649(c)(9)(D)

       Pub. L. 111–240, § 1204(a)(2)(K)(iii), (vi), substituted “personnel of the Administration involved in making” for “Administration personnel involved in granting”

    2. Substituted · 15 U.S.C. § 649(c)(9)(D)

       Pub. L. 111–240, § 1204(a)(2)(K)(iii), (vi), substituted “small business concerns” for “small businesses”

    3. Struck · 15 U.S.C. § 649(c)(9)(D)

       Pub. L. 111–240, § 1204(a)(2)(K)(iii), (vi), struck out “and” at end

    Source evidence

    Code amendment note
    Subsec. (c)(9)(D). Pub. L. 111–240, § 1204(a)(2)(K)(iii), (vi), substituted “personnel of the Administration involved in making” for “Administration personnel involved in granting” and “small business concerns” for “small businesses” and struck out “and” at end.

    Enacted provision · exact public law section
    (iii) in subparagraph (D)— (I) by striking “Administration personnel involved in granting” and inserting “personnel of the Administration involved in making”; and (II) by striking “and” at the end;

36. 2010

    Small Business Export Enhancement and International Trade Act of 2010

    Pub. L. 111–240 § 1204(a)(2)(K)(iv) · 124 Stat. 2504

    Substituted · 15 U.S.C. § 649(c)(9)(E)

    Pub. L. 111–240, § 1204(a)(2)(K)(iv), substituted “the needs of small business concerns” for “small businesses’ needs” and semicolon for period at end

    Source evidence

    Code amendment note
    Subsec. (c)(9)(E). Pub. L. 111–240, § 1204(a)(2)(K)(iv), substituted “the needs of small business concerns” for “small businesses’ needs” and semicolon for period at end.

    Enacted provision · exact public law section
    (iv) in subparagraph (E)— (I) by striking “small businesses’ needs” and inserting “the needs of small business concerns”; and (II) by striking the period at the end and inserting a semicolon;

37. 2010

    Small Business Export Enhancement and International Trade Act of 2010

    Pub. L. 111–240 § 1204(a)(2)(K)(v) · 124 Stat. 2504

    Added · 15 U.S.C. § 649(c)(9)(F); 15 U.S.C. § 649(c)(9)(G)

    Pub. L. 111–240, § 1204(a)(2)(K)(v), added subpars. (F) and (G)

    Source evidence

    Code amendment note
    Subsec. (c)(9)(F), (G). Pub. L. 111–240, § 1204(a)(2)(K)(v), added subpars. (F) and (G).

    Enacted provision · exact public law section
    (v) by adding at the end the following: “(F) participate, jointly with employees of the Office, in an annual training program that focuses on current small business needs for exporting; and “(G) develop and conduct training programs for exporters and lenders, in cooperation with the Export Assistance Centers, the Department of Commerce, the Department of Agriculture, small business development centers, women’s business centers, the Export-Import Bank of the United States, the Overseas Private Investment Corporation, and other relevant Federal agencies;” ; and

38. 2010

    Small Business Export Enhancement and International Trade Act of 2010

    Pub. L. 111–240 § 1204(a)(2)(L) · 124 Stat. 2504

    Added · 15 U.S.C. § 649(c)(10)(13)

    Pub. L. 111–240, § 1204(a)(2)(L), added pars. (10) to (13)

    Source evidence

    Code amendment note
    Subsec. (c)(10) to (13). Pub. L. 111–240, § 1204(a)(2)(L), added pars. (10) to (13).

    Enacted provision · exact public law section
    (L) by adding at the end the following: “(10) make available on the website of the Administration the name and contact information of each individual described in paragraph (9); “(11) carry out a nationwide marketing effort using technology, online resources, training, and other strategies to promote exporting as a business development opportunity for small business concerns; “(12) disseminate information to the small business community through regional and district offices of the Administration, the small business development center network, Export Assistance Centers, the network of women’s business centers, chapters of the Service Corps of Retired Executives authorized by section 8(b)(1), State and local export promotion programs, and partners in the private sector regarding exporting trends, market-specific growth, industry trends, and prospects for exporting; and “(13) establish and carry out training programs for the staff of the regional and district offices of the Administration and resource partners of the Administration on export promotion and providing assistance relating to exports.” ;

39. 2010

    Small Business Export Enhancement and International Trade Act of 2010

    Pub. L. 111–240 § 1204(a)(3) · 124 Stat. 2504

    1. Inserted · 15 U.S.C. § 649(d)

       Pub. L. 111–240, § 1204(a)(3), inserted subsec. (d) heading

    2. Amended · 15 U.S.C. § 649(d)

       Pub. L. 111–240, § 1204(a)(3), designated first sentence of existing provisions as par. (1)

    3. Inserted · 15 U.S.C. § 649(d)

       Pub. L. 111–240, § 1204(a)(3), inserted par. (1) heading

    4. Substituted · 15 U.S.C. § 649(d)

       Pub. L. 111–240, § 1204(a)(3), substituted “The Associate Administrator” for “The Office” in par. (1)

    5. Amended · 15 U.S.C. § 649(d)

       Pub. L. 111–240, § 1204(a)(3), designated second sentence of existing provisions as par. (2)

    6. Inserted · 15 U.S.C. § 649(d)

       Pub. L. 111–240, § 1204(a)(3), inserted par. (2) heading

    7. Substituted · 15 U.S.C. § 649(d)

       Pub. L. 111–240, § 1204(a)(3), substituted “To accomplish the goal established under paragraph (1), the Associate Administrator shall—” for “To accomplish this goal, the Office shall work” in par. (2)

    8. Added · 15 U.S.C. § 649(d)

       Pub. L. 111–240, § 1204(a)(3), added subpar. (A)

    9. Inserted · 15 U.S.C. § 649(d)

       Pub. L. 111–240, § 1204(a)(3), inserted “(B) work” before “in cooperation”

    10. Redesignated · 15 U.S.C. § 649(d)

        Pub. L. 111–240, § 1204(a)(3), redesignated former pars. (1) to (5) as cls. (i) to (v), respectively, of subpar. (B) of par. (2), and realigned margins

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 111–240, § 1204(a)(3), inserted subsec. (d) heading, designated first sentence of existing provisions as par. (1), inserted par. (1) heading, substituted “The Associate Administrator” for “The Office” in par. (1), designated second sentence of existing provisions as par. (2), inserted par. (2) heading, substituted “To accomplish the goal established under paragraph (1), the Associate Administrator shall—” for “To accomplish this goal, the Office shall work” in par. (2), added subpar. (A) and inserted “(B) work” before “in cooperation”, redesignated former pars. (1) to (5) as cls. (i) to (v), respectively, of subpar. (B) of par. (2), and realigned margins.

    Enacted provision · exact public law section
    (3) in subsection (d)— (A) by redesignating paragraphs (1) through (5) as clauses (i) through (v), respectively, and adjusting the margins accordingly; (B) by striking “(d) The Office” and inserting the following: “(d) Export Financing Programs.— “(1) In general.— The Associate Administrator” ; and (C) by striking “To accomplish this goal, the Office shall work” and inserting the following: “(2) Trade finance specialist.— To accomplish the goal established under paragraph (1), the Associate Administrator shall— “(A) designate at least 1 individual within the Administration as a trade finance specialist to oversee international loan programs and assist Administration employees with trade finance issues; and “(B) work” ;

40. 2010

    Small Business Export Enhancement and International Trade Act of 2010

    Pub. L. 111–240 § 1204(a)(4) · 124 Stat. 2504

    1. Inserted · 15 U.S.C. § 649(e)

       Pub. L. 111–240, § 1204(a)(4), inserted heading

    2. Substituted · 15 U.S.C. § 649(e)

       Pub. L. 111–240, § 1204(a)(4), substituted “The Associate Administrator” for “The Office” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 111–240, § 1204(a)(4), inserted heading and substituted “The Associate Administrator” for “The Office” in introductory provisions.

    Enacted provision · exact public law section
    (4) in subsection (e), by striking “(e) The Office” and inserting the following: “(e) Trade Remedies.— The Associate Administrator” ;

41. 2010

    Small Business Export Enhancement and International Trade Act of 2010

    Pub. L. 111–240 § 1204(a)(5) · 124 Stat. 2504

    Amended · 15 U.S.C. § 649(f)

    Pub. L. 111–240, § 1204(a)(5), amended subsec. (f) generally. Prior to amendment, text read as follows: “The Office shall report to the Committees on Small Business of the House of Representatives and the Senate on an annual basis as to its progress in implementing the requirements under this section.”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 111–240, § 1204(a)(5), amended subsec. (f) generally. Prior to amendment, text read as follows: “The Office shall report to the Committees on Small Business of the House of Representatives and the Senate on an annual basis as to its progress in implementing the requirements under this section.”

    Enacted provision · exact public law section
    (5) by amending subsection (f) to read as follows: “(f) Reporting Requirement.— The Associate Administrator shall submit an annual report to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives that contains— “(1) a description of the progress of the Office in implementing the requirements of this section; “(2) a detailed account of the results of export growth activities of the Administration, including the activities of each district and regional office of the Administration, based on the performance measures described in subsection (i); “(3) an estimate of the total number of jobs created or retained as a result of export assistance provided by the Administration and resource partners of the Administration; “(4) for any travel by the staff of the Office, the destination of such travel and the benefits to the Administration and to small business concerns resulting from such travel; and “(5) a description of the participation by the Office in trade negotiations.” ;

42. 2010

    Small Business Export Enhancement and International Trade Act of 2010

    Pub. L. 111–240 § 1204(a)(6) · 124 Stat. 2504

    1. Inserted · 15 U.S.C. § 649(g)

       Pub. L. 111–240, § 1204(a)(6), inserted heading

    2. Substituted · 15 U.S.C. § 649(g)

       Pub. L. 111–240, § 1204(a)(6), substituted “The Associate Administrator” for “The Office” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 111–240, § 1204(a)(6), inserted heading and substituted “The Associate Administrator” for “The Office” in introductory provisions.

    Enacted provision · exact public law section
    (6) in subsection (g), by striking “(g) The Office” and inserting the following: “(g) Studies.— The Associate Administrator” ; and

43. 2010

    Small Business Export Enhancement and International Trade Act of 2010

    Pub. L. 111–240 § 1203(c) · 124 Stat. 2504

    Added · 15 U.S.C. § 649(h)

    Pub. L. 111–240, § 1203(c), added subsec. (h)

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 111–240, § 1203(c), added subsec. (h).

    Enacted provision · exact public law section
    (c) Discharge of International Trade Responsibilities of Administration.— Section 22 of the Small Business Act (15 U.S.C. 649) is amended by adding at the end the following: “(h) Discharge of International Trade Responsibilities of Administration.— The Administrator shall ensure that— “(1) the responsibilities of the Administration regarding international trade are carried out by the Associate Administrator; “(2) the Associate Administrator has sufficient resources to carry out such responsibilities; and “(3) the Associate Administrator has direct supervision and control over— “(A) the staff of the Office; and “(B) any employee of the Administration whose principal duty station is an Export Assistance Center, or any successor entity.” .

44. 2010

    Small Business Export Enhancement and International Trade Act of 2010

    Pub. L. 111–240 § 1204(a)(7) · 124 Stat. 2504

    Added · 15 U.S.C. § 649(i); 15 U.S.C. § 649(j)

    Pub. L. 111–240, § 1204(a)(7), added subsecs. (i) and (j)

    Source evidence

    Code amendment note
    Subsecs. (i), (j). Pub. L. 111–240, § 1204(a)(7), added subsecs. (i) and (j).

    Enacted provision · exact public law section
    (7) by adding after subsection (h), as added by section 1203 of this subtitle, the following: “(i) Export and Trade Counseling.— “(1) Definition.— In this subsection— “(A) the term ‘lead small business development center’ means a small business development center that has received a grant from the Administration; and “(B) the term ‘lead women’s business center’ means a women’s business center that has received a grant from the Administration. “(2) Certification program.— The Administrator shall establish an export and trade counseling certification program to certify employees of lead small business development centers and lead women’s business centers in providing export assistance to small business concerns. “(3) Number of certified employees.— The Administrator shall ensure that the number of employees of each lead small business development center who are certified in providing export assistance is not less than the lesser of— “(A) 5; or “(B) 10 percent of the total number of employees of the lead small business development center. “(4) Reimbursement for certification.— “(A) In general.— Subject to the availability of appropriations, the Administrator shall reimburse a lead small business development center or a lead women’s business center for costs relating to the certification of an employee of the lead small business center or lead women’s business center in providing export assistance under the program established under paragraph (2). “(B) Limitation.— The total amount reimbursed by the Administrator under subparagraph (A) may not exceed $350,000 in any fiscal year. “(j) Performance Measures.— “(1) In general.— The Associate Administrator shall develop performance measures for the Administration to support export growth goals for the activities of the Office under this section that include— “(A) the number of small business concerns that— “(i) receive assistance from the Administration; “(ii) had not exported goods or services before receiving the assistance described in clause (i); and “(iii) export goods or services; “(B) the number of small business concerns receiving assistance from the Administration that export goods or services to a market outside the United States into which the small business concern did not export before receiving the assistance; “(C) export revenues by small business concerns assisted by programs of the Administration; “(D) the number of small business concerns referred to an Export Assistance Center or a small business development center by the staff of the Office; “(E) the number of small business concerns referred to the Administration by an Export Assistance Center or a small business development center; and “(F) the number of small business concerns referred to the Department of Commerce, the Department of Agriculture, the Department of State, the Export-Import Bank of the United States, the Overseas Private Investment Corporation, or the United States Trade and Development Agency by the staff of the Office, an Export Assistance Center, or a small business development center. “(2) Joint performance measures.— The Associate Administrator shall develop joint performance measures for the district offices of the Administration and the Export Assistance Centers that include the number of export loans made under— “(A) section 7(a)(16); “(B) the Export Working Capital Program established under section 7(a)(14); “(C) the Preferred Lenders Program, as defined in section 7(a)(2)(C)(ii); and “(D) the export express program established under section 7(a)(34). “(3) Consistency of tracking.— The Associate Administrator, in coordination with the departments and agencies that are represented on the Trade Promotion Coordinating Committee established under section 2312 of the Export Enhancement Act of 1988 (15 U.S.C. 4727) and the small business development center network, shall develop a system to track exports by small business concerns, including information relating to the performance measures developed under paragraph (1), that is consistent with systems used by the departments and agencies and the network.” .

45. 2010

    Small Business Export Enhancement and International Trade Act of 2010

    Pub. L. 111–240 § 1205(a) · 124 Stat. 2504

    Added · 15 U.S.C. § 649(k); 15 U.S.C. § 649(l)

    Pub. L. 111–240, § 1205(a), added subsecs. (k) and (l)

    Source evidence

    Code amendment note
    Subsecs. (k), (l). Pub. L. 111–240, § 1205(a), added subsecs. (k) and (l).

    Enacted provision · exact public law section
    (a) Export Assistance Centers.— Section 22 of the Small Business Act (15 U.S.C. 649), as amended by this subtitle, is amended by adding at the end the following: “(k) Export Assistance Centers.— “(1) Export finance specialists.— “(A) Minimum number of export finance specialists.— On and after the date that is 90 days after the date of enactment of this subsection, the Administrator, in coordination with the Secretary of Commerce, shall ensure that the number of export finance specialists is not less than the number of such employees so assigned on January 1, 2003. “(B) Export finance specialists assigned to each region of the administration.— On and after the date that is 2 years after the date of enactment of this subsection, the Administrator, in coordination with the Secretary of Commerce, shall ensure that there are not fewer than 3 export finance specialists in each region of the Administration. “(2) Placement of export finance specialists.— “(A) Priority.— The Administrator shall give priority, to the maximum extent practicable, to placing employees of the Administration at any Export Assistance Center that— “(i) had an Administration employee assigned to the Export Assistance Center before January 2003; and “(ii) has not had an Administration employee assigned to the Export Assistance Center during the period beginning January 2003, and ending on the date of enactment of this subsection, either through retirement or reassignment. “(B) Needs of exporters.— The Administrator shall, to the maximum extent practicable, strategically assign Administration employees to Export Assistance Centers, based on the needs of exporters. “(C) Rule of construction.— Nothing in this subsection may be construed to require the Administrator to reassign or remove an export finance specialist who is assigned to an Export Assistance Center on the date of enactment of this subsection. “(3) Goals.— The Associate Administrator shall work with the Department of Commerce, the Export-Import Bank of the United States, and the Overseas Private Investment Corporation to establish shared annual goals for the Export Assistance Centers. “(4) Oversight.— The Associate Administrator shall designate an individual within the Administration to oversee all activities conducted by Administration employees assigned to Export Assistance Centers. “(l) Definitions.— In this section— “(1) the term ‘Associate Administrator’ means the Associate Administrator for International Trade described in subsection (a)(2); “(2) the term ‘Export Assistance Center’ means a one-stop shop for United States exporters established by the United States and Foreign Commercial Service of the Department of Commerce pursuant to section 2301(b)(8) of the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 4721(b)(8)); “(3) the term ‘export finance specialist’ means a full-time equivalent employee of the Office assigned to an Export Assistance Center to carry out the duties described in subsection (e); and “(4) the term ‘Office’ means the Office of International Trade established under subsection (a)(1).” .

46. 2016

    Small Business Trade Enhancement Act of 2015

    Pub. L. 114–125 title V § 503 · 130 Stat. 122

    1. Added · 15 U.S.C. § 649(l); 15 U.S.C. § 649(m)

       Pub. L. 114–125 added subsec. (l)

    2. Redesignated · 15 U.S.C. § 649(l); 15 U.S.C. § 649(m)

       Pub. L. 114–125 redesignated former subsec. (l) as (m)

    Source evidence

    Code amendment note
    Subsecs. (l), (m). Pub. L. 114–125 added subsec. (l) and redesignated former subsec. (l) as (m).

    Enacted provision · exact public law section
    SEC. 503. STATE TRADE EXPANSION PROGRAM.   Section 22 of the Small Business Act (15 U.S.C. 649) is amended— (1) by redesignating subsection (l) as subsection (m); and (2) by inserting after subsection (k) the following: “(l) State Trade Expansion Program.— “(1) Definitions.— In this subsection— “(A) the term ‘eligible small business concern’ means a business concern that— “(i) is organized or incorporated in the United States; “(ii) is operating in the United States; “(iii) meets— “(I) the applicable industry-based small business size standard established under section 3; or “(II) the alternate size standard applicable to the program under section 7(a) of this Act and the loan programs under title V of the Small Business Investment Act of 1958 (15 U.S.C. 695 et seq.); “(iv) has been in business for not less than 1 year, as of the date on which assistance using a grant under this subsection commences; and “(v) has access to sufficient resources to bear the costs associated with trade, including the costs of packing, shipping, freight forwarding, and customs brokers; “(B) the term ‘program’ means the State Trade Expansion Program established under paragraph (2); “(C) the term ‘rural small business concern’ means an eligible small business concern located in a rural area, as that term is defined in section 1393(a)(2) of the Internal Revenue Code of 1986; “(D) the term ‘socially and economically disadvantaged small business concern’ has the meaning given that term in section 8(a)(4)(A) of the Small Business Act (15 U.S.C. 637(a)(4)(A)); and “(E) the term ‘State’ means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa. “(2) Establishment of program.— The Associate Administrator shall establish a trade expansion program, to be known as the ‘State Trade Expansion Program’, to make grants to States to carry out programs that assist eligible small business concerns in— “(A) participation in foreign trade missions; “(B) a subscription to services provided by the Department of Commerce; “(C) the payment of website fees; “(D) the design of marketing media; “(E) a trade show exhibition; “(F) participation in training workshops; “(G) a reverse trade mission; “(H) procurement of consultancy services (after consultation with the Department of Commerce to avoid duplication); or “(I) any other initiative determined appropriate by the Associate Administrator. “(3) Grants.— “(A) Joint review.— In carrying out the program, the Associate Administrator may make a grant to a State to increase the number of eligible small business concerns in the State exploring significant new trade opportunities. “(B) Considerations.— In making grants under this subsection, the Associate Administrator may give priority to an application by a State that proposes a program that— “(i) focuses on eligible small business concerns as part of a trade expansion program; “(ii) demonstrates intent to promote trade expansion by— “(I) socially and economically disadvantaged small business concerns; “(II) small business concerns owned or controlled by women; and “(III) rural small business concerns; “(iii) promotes trade facilitation from a State that is not 1 of the 10 States with the highest percentage of eligible small business concerns that are engaged in international trade, based upon the most recent data from the Department of Commerce; and “(iv) includes— “(I) activities which have resulted in the highest return on investment based on the most recent year; and “(II) the adoption of shared best practices included in the annual report of the Administration. “(C) Limitations.— “(i) Single application.— A State may not submit more than 1 application for a grant under the program in any 1 fiscal year. “(ii) Proportion of amounts.— The total value of grants made under the program during a fiscal year to the 10 States with the highest percentage of eligible small business concerns, based upon the most recent data available from the Department of Commerce, shall be not more than 40 percent of the amounts appropriated for the program for that fiscal year. “(iii) Duration.— The Associate Administrator shall award a grant under this program for a period of not more than 2 years. “(D) Application.— “(i) In general.— A State desiring a grant under the program shall submit an application at such time, in such manner, and accompanied by such information as the Associate Administrator may establish. “(ii) Consultation to reduce duplication.— A State desiring a grant under the program shall— “(I) before submitting an application under clause (i), consult with applicable trade agencies of the Federal Government on the scope and mission of the activities the State proposes to carry out using the grant, to ensure proper coordination and reduce duplication in services; and “(II) document the consultation conducted under subclause (I) in the application submitted under clause (i). “(4) Competitive basis.— The Associate Administrator shall award grants under the program on a competitive basis. “(5) Federal share.— The Federal share of the cost of a trade expansion program carried out using a grant under the program shall be— “(A) for a State that has a high trade volume, as determined by the Associate Administrator, not more than 65 percent; and “(B) for a State that does not have a high trade volume, as determined by the Associate Administrator, not more than 75 percent. “(6) Non-federal share.— The non-Federal share of the cost of a trade expansion program carried out using a grant under the program shall be comprised of not less than 50 percent cash and not more than 50 percent of indirect costs and in-kind contributions, except that no such costs or contributions may be derived from funds from any other Federal program. “(7) Reports.— “(A) Initial report.— Not later than 120 days after the date of enactment of this subsection, the Associate Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report, which shall include— “(i) a description of the structure of and procedures for the program; “(ii) a management plan for the program; and “(iii) a description of the merit-based review process to be used in the program. “(B) Annual reports.— “(i) In general.— The Associate Administrator shall publish on the website of the Administration an annual report regarding the program, which shall include— “(I) the number and amount of grants made under the program during the preceding year; “(II) a list of the States receiving a grant under the program during the preceding year, including the activities being performed with each grant; “(III) the effect of each grant on the eligible small business concerns in the State receiving the grant; “(IV) the total return on investment for each State; and “(V) a description of best practices by States that showed high returns on investment and significant progress in helping more eligible small business concerns. “(ii) Notice to congress.— On the date on which the Associate Administrator publishes a report under clause (i), the Associate Administrator shall notify the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives that the report has been published. “(8) Reviews by inspector general.— “(A) In general.— The Inspector General of the Administration shall conduct a review of— “(i) the extent to which recipients of grants under the program are measuring the performance of the activities being conducted and the results of the measurements; and “(ii) the overall management and effectiveness of the program. “(B) Reports.— “(i) Pilot program.— Not later than 6 months after the date of enactment of this subsection, the Inspector General of the Administration shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report regarding the use of amounts made available under the State Trade and Export Promotion Grant Program under section 1207 of the Small Business Jobs Act of 2010 (15 U.S.C. 649b note). “(ii) New step program.— Not later than 18 months after the date on which the first grant is awarded under this subsection, the Inspector General of the Administration shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report regarding the review conducted under subparagraph (A). “(9) Authorization of appropriations.— There is authorized to be appropriated to carry out the program $30,000,000 for each of fiscal years 2016 through 2020.” .

47. 2018

    Better Utilization of Investments Leading to Development Act of 2018

    Pub. L. 115–254 § 1470(c)(2) · 132 Stat. 3187

    Substituted · 15 U.S.C. § 649

    Pub. L. 115–254, § 1470(c)(2), substituted “United States International Development Finance Corporation” for “Overseas Private Investment Corporation” wherever appearing

    Source evidence

    Code amendment note
    Pub. L. 115–254, § 1470(c)(2), substituted “United States International Development Finance Corporation” for “Overseas Private Investment Corporation” wherever appearing.

    Enacted provision · exact public law section
    (2) by striking “Overseas Private Investment Corporation” each place it appears and inserting “United States International Development Finance Corporation”.

    Effective date note
    Amendment by Pub. L. 115–254 effective at the end of the transition period, as defined in section 9681 of Title 22, Foreign Relations and Intercourse, see section 1470(w) of Pub. L. 115–254, set out as a note under section 905 of Title 2, The Congress.

48. 2018

    Better Utilization of Investments Leading to Development Act of 2018

    Pub. L. 115–254 § 1470(c)(1) · 132 Stat. 3187

    Substituted · 15 U.S.C. § 649(b)

    Pub. L. 115–254, § 1470(c)(1), substituted “the Board of Directors of the United States International Development Finance Corporation, the Director” for “the President of the Overseas Private Investment Corporation, Director” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 115–254, § 1470(c)(1), substituted “the Board of Directors of the United States International Development Finance Corporation, the Director” for “the President of the Overseas Private Investment Corporation, Director” in introductory provisions.

    Enacted provision · exact public law section
    (1) in subsection (b), in the matter preceding paragraph (1), by striking “the President of the Overseas Private Investment Corporation, Director” and inserting “the Board of Directors of the United States International Development Finance Corporation, the Director”; and

    Effective date note
    Amendment by Pub. L. 115–254 effective at the end of the transition period, as defined in section 9681 of Title 22, Foreign Relations and Intercourse, see section 1470(w) of Pub. L. 115–254, set out as a note under section 905 of Title 2, The Congress.

80 of 80 references resolved to an enrolled provision